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BlogsInheriting Crypto on Korean Exchanges: What You Need to Know
As crypto ownership continues to grow in Korea, so do cases where someone passes away still holding digital assets. The first question families almost always ask is the same: "Can we actually claim the crypto our loved one left behind on the exchange?" The short answer is yes. The Korean National Tax Service treats virtual assets as part of a deceased person's taxable estate, and since 2022, the Inheritance and Gift Tax Act has included explicit provisions for valuing crypto assets. Coins held on domestic exchanges like Upbit and Bithumb are legally inheritable — heirs can claim them through the proper succession process. That said, knowing you're entitled to something and actually getting it are two very different things. What Counts as Inheritable Crypto It's not just coins sitting in an exchange wallet. The deceased may have held digital assets in more forms than you'd expect: Coins held in accounts on Korean exchanges such as Upbit or Bithumb Major cryptocurrencies including Bitcoin (BTC) and Ethereum (ETH) Assets currently staked or locked in yield products Open or pending orders on exchange accounts Holdings spread across multiple exchanges The first step is figuring out where the deceased held their assets and in what form — and that alone can be a challenge. Why Korean Exchange Inheritance Is More Complicated Than It Sounds Korean exchange accounts are registered under the account holder's identity and built around personal authentication. By design, no one else can log in or withdraw funds — not even a family member. Upbit and Bithumb operate under different companies and handle inheritance requests differently. What works at one exchange may not fly at the other. Things get significantly harder when any of the following apply: You didn't know the account existed or what was in it There are multiple heirs or the inheritance structure is disputed You can't access the phone number or authentication method tied to the account The deceased held assets across several different exchanges Why This Is Hard to Handle on Your Own Even when heirs contact exchanges directly, they often run into vague guidance, shifting requirements, and delays that stretch on for weeks or months. If co-heirs aren't cooperating, or you can't even confirm whether an account exists, it can feel impossible to move forward. And while time slips away, legal deadlines don't wait. Claiming inherited crypto isn't a customer service issue — it's a legal matter. You need to formally establish your standing as an heir before any exchange will release the assets. The virtual asset team at Decent Law Firm has handled inheritance cases across Upbit, Bithumb, Coinone, and other Korean exchanges firsthand. If you're trying to recover crypto a family member left behind, reach out — we'll walk you through it from start to finish.
2026-03-06 Naver Blog -
Blogs
Medical Device Rebates Under Police Crackdown: Why You Need to Act Now
Korea's National Investigation Headquarters has announced a dedicated task force — the "Livelihood Crime Disruption TF" — running from March through October 2026, with medical and pharmaceutical rebates explicitly listed as a priority target. This isn't a routine audit. The crackdown combines intelligence gathering with inter-agency coordination, meaning investigations can be triggered by internal whistleblowers, financial data analysis, or tips from partner agencies. Medical device manufacturers, importers, distributors, hospitals, clinics, and individual practitioners are all within scope. What Can Be Treated as an Illegal Rebate If a healthcare provider receives money, equipment, supplies, or any other benefit from a medical device company — tied to adopting, using, or continuing to purchase a specific product — that can constitute an illegal rebate under Korean law. Courts have already ruled against companies that supplied hospitals with fixtures, renovation costs, or equipment, finding these to be disguised sales incentives. Labeling payments as "conference sponsorships," "consulting fees," or "research grants" doesn't provide cover if the amounts track the volume or revenue from a specific device. The line between legitimate marketing and an illegal rebate comes down to the contract structure, payment records, and internal approval flows — and that analysis needs to happen before investigators come knocking. Early Response Is Everything In this crackdown, search warrants and witness summons are expected to roll out simultaneously through regional investigation units. The materials investigators will focus on include internal emails and messaging records, accounting books and expense reports, and consulting or service contracts. There are three things every company should get in order right now: Establish your official position — Determine the company's consistent explanation and response narrative before anyone is questioned. Define your document perimeter — Decide which records to preserve, which to produce, and in what order. Align internal statements — Make sure employees aren't giving contradictory accounts to investigators. Missteps at this stage can significantly increase criminal exposure and the severity of any administrative sanctions that follow. Why Internal Compliance Needs Attention Right Now The police have raised the whistleblower reward for rebate-related offenses to up to 500 million KRW. The risk of an investigation being triggered by someone inside your own organization has never been higher. Korea's dual-liability rule means both the party that gives a rebate and the party that receives it face criminal exposure. This isn't a problem that sits with just one side of the transaction — the entire structure needs to be reviewed. Two things matter most for compliance right now: Audit your past and current business practices and clean up any arrangements that could raise red flags Build a "explainable expenditure structure" through clear policies and staff training — one that holds up under scrutiny Once an investigation starts, your options narrow fast. The time to work through potential vulnerabilities with a medical device law attorney is now, before anyone shows up at your door. Decent Law Firm — Medical Device Law Practice Medical device rebate cases sit at the intersection of criminal liability and administrative sanctions — they require both tracks to be handled at once. Our team has handled cases across the full spectrum: attending search and seizure operations, sitting in on suspect and witness interviews, coordinating internal statements, and conducting compliance reviews. The strongest defense is the one you build before you need it.
2026-03-04 Naver Blog -
Blogs
Termination of Regular Employees: Key Requirements, Procedures, and Legal Considerations
What Can Make the Termination of a Regular Employee Unlawful? Under the Labor Standards Act, the termination of a regular employee is only valid when strict legal requirements are satisfied. An employer must have just cause for termination, provide the employee with a meaningful opportunity to explain or defend themselves before dismissal, and issue a written notice of termination. In cases involving managerial or business-related dismissals, additional requirements must also be satisfied, including: Urgent managerial necessity Efforts to avoid dismissal Reasonable standards for selecting employees subject to termination Prior notice to employee representatives at least 50 days before dismissal and sincere consultation procedures In practice, there are many cases where disciplinary procedures are carried out only formally, or where employees are pressured into submitting resignation letters, effectively inducing termination in substance. Even in such cases, the termination may still be considered unfair dismissal when the actual circumstances are examined. The legality of terminating a regular employee is not determined solely by the employer’s claims. Objective evidence and procedural fairness are the key factors. What Must Be Prepared Immediately After Receiving a Notice of Termination If you receive a notice of termination, it is important to avoid emotional reactions and systematically secure relevant evidence, including: Personnel appointment or transfer documents Notices regarding disciplinary committee proceedings Messages encouraIn addition, applications for relief before the Labor Relations Commission must generally be filed within three months from the date of dismissal pursuant to Article 28(2) of the Labor Standards Act. The three-month period is generally calculated based on the termination date stated in the notice of dismissal. However, if the notice lists a termination date that has already passed, the period may instead be calculated from the date the employee actually received the notice. It is also important to establish clear objectives and legal strategies, such as: Claims for wages equivalent to lost earnings Requests for reinstatement to the original position Without proper preparation, there is a significant risk that the employer’s arguments may prevail, leading to an unfavorable outcome. Why Legal Representation Matters Labor disputes involve both emotional and complex legal elements. Employers typically respond with the support of internal documentation and legal counsel. By contrast, employees who respond alone often face difficulties fully asserting their rights due to procedural mistakes or insufficiently organized arguments. In termination cases involving regular employees, it is necessary to carefully dispute issues such as: The specificity and legitimacy of the grounds for dismissal Whether the principle of proportionality was violated Whether the disciplinary measures imposed were appropriate A consistent strategy must also be established with future proceedings in mind, including: Applications for relief before the Labor Relations Commission Appeals before the National Labor Relations Commission Subsequent administrative litigation Professional legal intervention is therefore not merely about drafting documents — it is about determining the overall direction and strategy of the case. Decent Law Firm’s Legal Support In cases involving the termination of regular employees, Decent Law Firm structures the factual background of the case from the initial consultation stage and designs evidence preservation strategies tailored to the dispute. We also provide systematic support throughout the entire process, including: Applications for relief before the Labor Relations Commission Analysis of employer response submissions Hearing preparation and litigation strategy development Based on our understanding of corporate HR structures and disciplinary procedures, we proactively anticipate employer arguments and prepare effective counterpoints in advance. The termination of a regular employee is a critical turning point that can affect an individual’s career and livelihood. It is not a matter that should be delayed or approached lightly. Legal rights ultimately belong to those who actively assert them. Prompt and strategic action is often what determines the final outcome.
2026-03-03 Naver Blog -
Blogs
Ordinary Wage Litigation: What You Need to Know About Timeframes, Court Decisions, and Legal Strategy
Ordinary Wages: Why This Issue Needs to Be Reexamined Ordinary wages are a key legal concept used as the basis for calculating overtime pay, night work allowances, holiday pay, and severance pay. If compensation is paid regularly and uniformly as consideration for prescribed work, it may qualify as ordinary wages regardless of its label or title. The critical point is that the method of calculating allowances itself changes depending on whether certain payments are included in ordinary wages. As more items are recognized as part of ordinary wages, overtime pay and severance amounts inevitably increase as well. The problem is that many workplaces continue to calculate wages while excluding payments that may legally qualify as ordinary wages. For example: Excluding portions of regularly paid monthly bonuses Omitting position or duty allowances paid equally to all employees Renaming regularly and uniformly paid amounts as “performance bonuses” or similar terms without changing their actual nature If these practices have continued for years, employees may have unknowingly received lower amounts than they were legally entitled to. Ordinary wage litigation is the legal process designed to correct precisely this issue. How to Prepare for Ordinary Wage Litigation Preparing for ordinary wage litigation requires more than simple calculations. It requires a detailed legal analysis of whether the statutory requirements are satisfied. Key areas of review include: ① Analysis of employment contracts and workplace policies ② Review of pay slips and bonus payment records ③ Determination of whether the allowances were fixed, regular, and uniformly paid ④ Review of the statute of limitations (3 years) In many cases, employers defend themselves by arguing financial hardship or asserting violations of the principle of good faith. Filing a lawsuit without a structured response to these arguments may result in unexpected disadvantages. If the matter is taken lightly, employees may permanently lose the opportunity to recover years of unpaid allowances. When exercising legal rights, timing matters. Why Legal Representation Matters Ordinary wage litigation is not simply a demand for unpaid money. It involves: Legal disputes over whether specific allowances qualify as ordinary wages Systematic responses to employer defenses Strategic decisions between individual and collective claims Accurate calculation of recoverable amounts Companies often mobilize HR and legal teams to defend these claims. When individuals proceed alone, there is inevitably a gap in information, experience, and legal strategy. However, if the case is analyzed properly with professional legal assistance from the beginning, the outcome can change significantly. Decent Law Firm’s Legal Support Decent Law Firm has handled numerous wage dispute cases led by Attorney and Certified Labor Consultant Park Junhyung, who has experience at major law firms and labor consulting firms. Through this experience, we have developed a deep understanding of corporate wage systems and common employer defense strategies. Our legal support includes: Comprehensive analysis of wage structures Calculation of recoverable claims Strategic negotiation planning before litigation Close support throughout the entire litigation process Our goal is to provide practical and effective solutions for individuals considering ordinary wage litigation. Compensation that employees are legally entitled to should never become a matter of compromise. The decisions made today may determine rights that extend for years into the future, and protecting those rights is not optional — it is a matter of proper legal response.
2026-02-26 Naver Blog -
Blogs
If You Need Assistance With a Voice Phishing (Borrowed Account) Victim Relief Application
Why Is Recovery So Difficult in Borrowed-Account Voice Phishing Cases? Telecommunications financial fraud (commonly known as “voice phishing”) typically involves transferring funds through bank accounts opened under third parties’ names (so-called fraud-use accounts). Money transferred by the victim is quickly split across multiple accounts. Some funds are withdrawn in cash or converted into virtual assets, making tracing practically impossible. If the financial institution’s payment suspension procedure is delayed, meaningful recovery becomes extremely difficult. In organized schemes, roles are divided among recruiters, cash couriers, and managers, which makes identifying legally responsible parties time-consuming. Accordingly, borrowed-account voice phishing cases are not simple financial incidents. They are serious criminal matters requiring simultaneous consideration of both criminal and civil response. Immediate Actions After the Incident Immediately apply for victim relief through the financial institution after the transfer Report to the police and initiate a formal investigation Secure account flow data and organize call and message records If response is delayed at this stage, funds will rapidly dissipate. This matter must never be taken lightly. Even a few hours can determine the outcome. After payment suspension, a claim extinguishment procedure is conducted by the financial institution and the Financial Supervisory Service, followed by a decision regarding victim refund distribution. However, if an additional victim relief application is not submitted within two months from the public notice of the claim extinguishment procedure, the victim may lose eligibility for the refund (Article 6(1) of the Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss). Borrowed-account voice phishing cases require not only prompt initial measures but also systematic follow-up management. Why Legal Assistance Is Necessary Victims must simultaneously manage multiple response channels, including the Financial Supervisory Service, police authorities, and commercial banks. Filing a simple report is not sufficient. If the perpetrator can be identified, a civil claim for damages should be pursued in parallel. If a joint offender structure is revealed, strategies to assert joint tort liability must also be considered. Where the principal offender cannot be apprehended, it may be necessary to examine whether the account holder who provided access media, while foreseeing the fraudulent use, may bear liability for damages under tort law. However, proving the account holder’s foreseeability is essential, and liability may be limited if contributory negligence of the victim is recognized. Careful case-by-case legal analysis is therefore required. Providing practical direction to clients facing such distressing circumstances is the role of legal counsel. Attempting to navigate these procedures alone, particularly in an emotionally shaken state, can be overwhelming and complex.
2026-02-26 Naver Blog -
Blogs
Emergency Arrest in Korea: What Actually Happens in the First 48 Hours
The moment you're placed under emergency arrest in Korea, the clock starts. And it doesn't stop. Under Article 200-4 of the Korean Code of Criminal Procedure, investigators have exactly 48 hours from the time of arrest to apply for a detention warrant — or they must release you immediately. Every decision made inside that window has consequences that follow the case long after. Stage 1 · Immediate Arrest and Transfer to the Detention Facility At the moment of arrest, the arresting officer is required to inform you of your identity, the grounds for arrest, your right to retain a lawyer, and your right to remain silent. You'll then be transported to the nearest police station and placed in a holding cell. Once inside, the intake process begins: identity verification, personal belongings search and storage, and formal admission into custody. Two things matter most at this stage: Whether you can contact a family member When and how you can meet with a lawyer This is the single most critical moment to get legal counsel involved. In practice, the first attorney visit and formal retention often happen within hours of arrival at the holding facility — and for good reason. Stage 2 · Waiting in Custody and the First Interrogation At some point during the same day or the next, you'll be brought out for your first formal interrogation by investigators. In this compressed window, police are working fast — pulling together your statements, seized materials, and witness accounts to build a picture of whether charges are warranted and whether continued detention is necessary. What makes this stage particularly consequential is that the written interrogation record produced here often feeds directly into the detention warrant application and the subsequent warrant hearing before a judge. How much you say, what you say, and where you invoke your right to silence can significantly shape the direction of the entire case. Stage 3 · The Detention Warrant Decision If police determine that continued detention is necessary, they must submit a detention warrant request to prosecutors within 48 hours of the arrest. Prosecutors review the request and decide whether to seek the warrant from a judge. Miss the deadline, or fail to secure the warrant — and the suspect must be released immediately, no exceptions. During this window, the two sides are moving in opposite directions: Investigators are assembling evidence of the alleged offense and building the case for why detention is necessary Defense counsel is gathering evidence of stable ties to the community — residence, employment, family — and arguing that flight risk and evidence tampering concerns don't hold up Stage 4 · The Warrant Review Hearing and What Comes Next If prosecutors apply for a detention warrant, the suspect is brought before a judge for a warrant review hearing — known in Korea as the yeongjangsiljilsimsa. The judge evaluates three things: how well the alleged offense is substantiated, whether there's a genuine risk of flight or evidence tampering, and whether the investigation can reasonably proceed without detention. The outcome falls into one of three categories: Warrant granted → The suspect is remanded into custody at a correctional facility Warrant denied → Immediate release; investigation continues without detention No warrant filed within 48 hours → Immediate release, no further action required at that stage Decent Law Firm — Criminal Defense Practice The first 48 hours after an emergency arrest move fast, and the decisions made during that window — what to say, what not to say, what to prepare — shape everything that follows. Our criminal defense team covers the full sequence: from the first attorney visit at the holding facility, through the interrogation stage, to the warrant hearing before the judge. We focus on getting in front of unfavorable outcomes before they solidify, and staying in your corner until the end.
2026-02-25 Naver Blog
